Problems
related to the legislative changes regarding the distinguished approach to
parents have been identified in the issue of the lump-sum childbirth allowance.
Therefore, it is problematic for which child newborn
allowance should be assigned. Although
this issue has been resolved through legislative amendments, there are still lingering practical issues.
In particular, the amendment prescribes that in determining the next number (number
of order) of a newborn child in
the family as of
the day of applying for the allowance, other children born to the parents of the newborn are taken into consideration, if the notarial act approves the fact that the siblings of the newborn child are under the care of the parent.
In
case the marriage of the parents of the newborn child is not registered or is
registered on or after the birth of the newborn child but the paternity is
recognized, the fact that the newborn child is under the care of the parent
must be notarized and submitted to the pension body at the same time as the
application.
The complaints serve as evidence that, in
practice, notaries either refuse to make such transactions or approve an
improper document.
As an
alternative solution to the issue, it is suggested that the other parent submit
a statement about the place of residence of their children and state that the
children are not under their care. However, a study of the complaints shows
that divorced parents avoid making such a statement.
The purpose of defining the number of children born into a
family is, on the merits, to ensure that the provided social security aid not
only serves the needs of the family with multiple children, but will also act as
a stimulating factor. Therefore, the right to a lump-sum childbirth allowance
must be acquired, taking into consideration the number of children actually receiving
care in the new family, for which effective mechanisms must be introduced and put
in place. Therefore, the Human Rights Defender suggests providing solutions
that will not cause unnecessary difficulties for parents.
For
further details, please view the annual report.
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